Contact Gorvins today E-mail us at : enquiries@gorvins.com Contact us today on : 0161 930 5151

The TUPE (the Transfer of Undertakings Protection of Employment) regulation was introduced in 2006 to protect the rights of employees when the company they work for is taken over by another business, or if a company undergoes a corporate restructure of its operations. Typically, employees of a business’s previous owner automatically become employees of the new owner under the same contract, preserving their rights.

The employment law solicitors at Gorvins have many years of experience in handling group restructures and intra-company transfers of staff. Our expertise allows us to develop a strategy with you, whether it is amending your current terms of business or advising you on managing redundancies and exits from the business.

If you’re going through a corporate restructure or just need some preliminary advice surrounding TUPE transfers, contact the employment law team on 0161 930 5117, e-mail employmentteam@gorvins.com or fill in our online enquiry form.

Gorvins’ Approach to TUPE transfers and Corporate Restructuring

Our experienced employment law solicitors regularly deal with TUPE transfers throughout the UK, ensuring every element of the transfer of people between organisations is undertaken as efficiently as possible, minimising costs for our clients.

Our TUPE solicitors help many business owners every year with group restructuring and the TUPE issues that can affect employees.

We regularly advise on issues such as:

  • Employment liability – making sure the transferee is fully aware of the employee responsibilities they’ll be acquiring
  • Terms and conditions change when transferring or merging with another business
  • Negotiating appropriate warranties and indemnities to protect your interests

We can offer expert and practical advice before, during and after the restructuring process and have experience in:

  • Structuring transactions to achieve minimal disruption to the workforce
  • Preparing a step-by-step guide to redundancy and consultation, and assistance in redundancy processes and consultation
  • Drafting consultation scripts and correspondence for use within the workforce
  • Highlighting any potential risks and how to minimise them whilst keeping your commercial aims in mind

How Can Gorvins Help?

For expert legal advice and support for your corporate restructure or TUPE transfer, call Gorvins Solicitors on 0161 930 5117, e-mail us at employmentteam@gorvins.com or fill in our online enquiry form.

Frequently Asked Questions

Are the TUPE regulations a legal requirement?

Yes. The TUPE regulations apply to all employees in the UK and are designed to protect them when a business undergoes a takeover or a corporate restructuring. When acquiring a business or when restructuring, you need to abide by the regulations or could face employment tribunals and other issues.
A good employment lawyer can assist with the efficient transfer of employees between organisations or assist with the careful process of redundancy proceedings.

Can employees be made redundant after a TUPE transfer?

Yes, but you can only begin redundancy proceedings after a TUPE transfer when there’s a genuine need to make the redundancies, either for economic, technical or organisational reasons.

A good employment lawyer can help you both navigate the TUPE transfer and the redundancy process once completed.

Can an employer be held liable for unfair dismissal claims in relation to employees dismissed by the previous employer prior to the transfer?

Yes, if the sole or principal reason for the dismissal is the transfer itself. In that case, the dismissal will be automatically unfair unless the employer can establish that the reason for the dismissal is an economic, technical or organisational reason entailing changes in the workforce, in which case the dismissal will be potentially unfair and the general unfair dismissal rules will apply.

This is an extremely complex and technical area of law and the advice of a good employment lawyer can be crucial in successfully navigating these complexities.

Meet the Employment Law team

  • David Rogers

    Partner & Head of Employment
    Employment

    View profile
  • Amanda Isherwood

    Associate Solicitor
    Employment

    View profile

What do our clients say?

  • I would not consider using any other firm than Gorvins. I use... ...Mr. Peter Sherliker, HR Director from Tetrad Limited

  • The service I received from Gorvins was excellent. Everyone from... ...Mrs. Dianne Holmes from Stockport

  • I received very prompt and efficient service that met my needs exactly... ...Mrs. G from Manchester

  • Gorvins provided me with the help, advice and support during a... ...Mr. Stephen Walker from Stockport

  • David and Danielle had an incredible ability to identify the key issues and... ...Mr. Kevin Kershan from Whithead

  • Exceptional Service and Danielle Ayres is a friendly advsior. ...Kathryn Roberts from St Helens

  • David Walton helped me recently overcome a very challenging time... ...Claire Handby

  • From the initial call Matthew instilled a great degree of confidence... ...Mrs H

Read Full Testimonial

Let us contact you

What Employment Law services do we offer

  • Absence Management

    Absence management can be a huge concern for employers.

    More Information
  • Business Protection, Confidentiality and Restrictive Covenants

    Your confidential information, customer or supplier relationships may be key to the continued success of your business.

    More Information
  • Employment Tribunal Services for Employers

    Employment Tribunals can be a 'lose, lose' situation for employers, even where the claim is unlikely to succeed.

    More Information
  • Employment Contracts and Service Agreements

    Many employers don't realise that you can establish a contract of employment with an individual simply...

    More Information
  • Family Friendly Rights

    It is important that employers understand the laws surrounding working families.

    More Information
  • Flexible Working

    As an employer it is important to understand the rules surrounding flexible working when it comes to your employees.

    More Information
  • Grievances

    Just as an employer can take disciplinary action against you, employees can also complain against...

    More Information
  • In-House Training

    Employment law can be a minefield for employers to get their heads around especially with the changing legislation...

    More Information
  • Recruitment Support

    As dedicated employment law specialists, we can support the complex task of recruitment processes.

    More Information
  • Redundancy

    Redundancy can be a highly stressful ordeal to go through, particularly if your employer breaks the news after years...

    More Information
  • Settlement Agreements

    Settlement Agreements are a useful means of achieving a clean-break with an employee.

    More Information
  • Writing Staff Handbooks, Policies & Procedures

    We can advise on and draft staff handbooks, policies and procedures for your business.

    More Information

News

Gorvins Drafts New Richer Sounds Employment Contracts Following Move to Employee-Ownership

Gorvins Solicitors proudly support leading retailer Richer Sounds

Read article

Blog

The importance of a fair process during redundancy proceedings.

An ACAS poll has found that nearly one in five employers are likely to make staff redundancies ...

Read article

Other services you may be interested in